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All Journal Mazahib: Jurnal Pemikiran Hukum Islam Journal of Indonesian Constitutional Law
Banane, Mohamed Cheikh
Unknown Affiliation
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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The Struggle for Land in Morocco: A Case Study of Amazigh Banane, Mohamed Cheikh; Ezzerouali, Souad; Elzein, Ahmed Mohamed
Mazahib Vol 23 No 2 (2024): VOLUME 23, ISSUE 2, 2024
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v23i2.8627

Abstract

This paper addresses the issue of the conflict over land between the state and tribes in the Great Souss plain in Morocco. The focus of this study is on the Amazigh tribes. It explores the motives that contributed to the emergence of tribal protests, particularly their demands for land rights, following the civil reforms promised by the Arab Spring in 2011. Through a direct examination of the growing dissatisfaction among these communities, the study reveals that the political failure to democratize society, characterized by consistent confusion at the level of governmental and institutional frameworks and the law's failure to regulate spatial justice on the ground, have both played a role. This situation has prompted tribes, feeling a sense of historical oppression, to claim their rights to the land that the state has increasingly opened up for investment without considering the traditional rights of these indigenous groups.
The Constitutionality of Water Irrigation Policy in Morocco: Sustaining Agricultural Security Amid Climate Change Ezzerouali, Souad; Banane, Mohamed Cheikh; Anaya, Hamid; Radouane El mountafia
Journal of Indonesian Constitutional Law Vol. 2 No. 2 (2025): Journal of Indonesian Constitutional Law
Publisher : CV. Pustaka Parawali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71239/jicl.v2i2.63

Abstract

This study aims to evaluate the effectiveness of current irrigation water policies in Morocco, examine the alignment of institutional governance with constitutional and environmental principles, and propose alternatives that promote sustainable and equitable water use.  This study contributes to the government's efforts to manage and prevent irrigation water crises, ensuring that agricultural water needs are adequately met, particularly in light of the increasingly severe impacts of climate change. This study employs a qualitative analytical methodology, drawing on a governance and constitutional rights-based framework, and reviews legal texts, public policy documents, parliamentary debates, and relevant national and international reports. The findings reveal gaps between legislative commitments and implementation practices, especially regarding coordination among institutions, prioritisation of agricultural uses, and responsiveness to climate stress. The study concludes with several recommendations, most notably: reinforcing integrated water governance frameworks, strengthening the monitoring and evaluation of irrigation programs, and enhancing the legal enforcement of the constitutional right to water in policy execution. This research contributes to the field by linking constitutional governance with climate-resilient water policy for agriculture.
Co-Authors Anaya, Hamid Elzein, Ahmed Mohamed Ezzerouali, Souad Radouane El mountafia